New York.-- Three legal actions involving…
Press Release
February 28, 1958
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Press Releases, Loose Pages. New York.-- Three legal actions involving…, 1958. 21852469-bc92-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/cf95c514-4016-43fb-9f6f-705fc0a23bbe/new-york-three-legal-actions-involving. Accessed October 29, 2025.
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PRESS RELEASE @ ®
NAACP LEGAL DEFENSE AND EDUCATIONAL FUND
10 COLUMBUS CIRCLE + NEW YORK 19,N.Y. © JUdson 6-8397
DR. ALLAN KNIGHT CHALMERS oS THURGOOD MARSHALL
President Director-Counsel
FOR IMMEDIATE RELEASE
February 28, 1958
NEW YORK.--Three legal actions involving the constitutional rights
of Negroes were taken this week by attorneys for the NAACP Legal
Defense and Educational Fund, Inc. One was in the Little Rock High
School case and two were continuing efforts to gain the admission of
Virgil Hawkins to the University of Florida Law School.
Little Rock School Case
In the Little Rock case a brief was filed on February 26 with the
U. S. Court of Appeals, Eighth Circuit in St. Louis by NAACP Legal
Defense and Educational Fund attorneys. They urged the court to affirm
a judgment of a district court which prohibited interference with the
Little Rock's court approved plan to integrate its high schools.
On August 29, 1957, a state court order was obtained by a
Mrs. Clyde Thomason, a white parent and taxpayer, which restrained the
school board from proceeding with its plan to integrate and, in effect,
overrode the judgments and decrees of federal courts approving the plan
On the same day the Little Rock school board petitioned the U. S.
District Court to enjoin Mrs, Thomason from using the state court order
This injunction was granted and the Little Rock high school proceeded
to desegregate.
Attorneys for the Negro students are Wiley A. Branton of Pine
Bluff, Ark., and Thurgood Marshall, director-counsel of the NAACP Legal
Defense and Educational Fund staff in New York.
Virgil Hawkins Case
Virgil Hawkins, who has been seeking admission to the School of
Law of the University of Florida since 1949, appealed to the United
States Court of Appeals for the Fifth Circuit in New Orleans, La., on
February 28, from the refusal of U. S. District Judge Dozier DeVane of
Tallahassee, Fla, to issue a preliminary injunction in Hawkins' latest
court action so that he could be admitted to the school without further
delay.
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Mr. Hawkins filed his suit in the federal district court in
Tallahassee, Fla, January lh, 1958, at the suggestion of the U. S.
Supreme Court after the Florida Supreme Court refused for the third
time to issue an order for his leponnt admission despite the fact that
the high Court had ruled him entitled to prompt admission on several
prior appeals,
When Hawkins filed his notice of appeal with the District Court,
the Attorney General of Florida, Richard Ervin, asked the court for an
order staying, in effect, all further proceedings in the case until the
Court of Appeals acted upon his appeal, The district court granted the
order. As a result, Hawkins is now prohibited from pressing his case
to a final decision which would enable him to be admitted to the
September 1958 term.
In view of this action Mr. Hawkins! attorneys have also petitioned
the Court of Appeals to issue a writ of mandemus directing Judge Dozier
DeVane to proceed with the case pending the appeal.
Attorneys for Hawkins are Francisco A. Rodriguez of Tampa, Fla.,
‘hurgood Marshall and Mrs. Constance Baker Motley, both of New York,
The filing of these three court matters bringsto six the number of
legal actions taken in the month of February by the NAACP Legal Defense
and Educational Fund attorneys in behalf of persons whose constitutional
sights are being violated. In addition to the three matters referred to
above, memorandum briefs were filed in the Nashville, Tenn. school case
om February 3 and in the Memphis, Tenn, bus case on February 11, The
J, S. Supreme Court was petitioned on February 12 to review the convic-
sion of one white and two Negro college youths for violating the
‘allahassee, Fla. bus segregation law,
In addition, favorable and important decisions were rendered in
aven cases during the month of February. They are: (1) the Arlington
ounty, Va. school case, (2-l) the three cases attacking Louisiana's
ew law requiring certificates of good moral character from the high
¢hool principal of any Negro seeking admission to a white college in
he state in the face of another statute which makes it grounds for dis-
harge for a principal to do anything to bring about integration in
ouisiana, (5) the New Orleans, La. school case, (6) the New Orleans
uublic golf course case, and (7) the New Orleans bus segregation case,
In each of these cases, federal appellate courts affirmed lower
ourt rulings in favor of Negro plaintiffs,
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